The Complainant is a French company, which sells sneakers, ready-to-wear and fashion accessories for men, women and children. Founded in 1980 the Complainant has rapidly developed a wide network of stores. Today, the Complainant has 187 stores and 70 affiliated stores in France. The Complainant is also present internationally, with 57 stores located in Spain, Belgium, Luxembourg and in the Maghreb, the Middle East and in the overseas French territories. In total, the Complainant operates in 21 countries with more than 350 shops worldwide and 3300 people. In 2023, the Complainant generated a turnover of 724,8 million Euros. <\/p>", "other_legal_proceedings": "
The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.<\/p>", "no_response_filed": "
The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.
No administratively compliant Response has been filed. The Complainant's main arguments in support of its case are the following.<\/p>\n
1. Confusing similarity<\/p>\n
The Complainant affirms that the disputed domain name is confusingly similar to its trademark COURIR as this trademark is reproduced entirely in the disputed domain name. Moreover, the addition of the geographical abbreviation “fr” and the generic term “outlet” are not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark. These two terms are strictly connected to the Complainant’s trademark and therefore worsen the risk of confusion. Even the addition of the gTLD “.shop” contributes to the confusing similarity as it is connected with the Complainant's use of its trademark COURIR. <\/p>\n
2. Lack of the Respondent's rights or legitimate interests in the disputed domain name<\/p>\n
The Complainant asserts that the Respondent is not known by the disputed domain name and that the Respondent is not affiliated with, nor authorized by the Complainant to use the disputed domain name and to incorporate the Complainant's mark in the disputed domain name. The Complainant does not carry out any activity for, nor has any business with the Respondent.<\/p>\n
The Respondent is using the disputed domain name to disrupt Complainant’s business and to attract users by impersonating the Complainant. Impersonation of a complainant, by using its trademark in a disputed domain name and seeking to defraud or confuse users, indicates a lack of rights or legitimate interests in the respondent.<\/p>\n
3. Bad Faith<\/p>\n
The Complainant maintains that the Respondent has registered and is being using the disputed domain name in bad faith.<\/p>\n
With respect to registration in bad faith, the Complainant maintains that the Respondent has registered the domain name <couriroutlet-fr.shop>, which is confusingly similar to Complainant's prior trademark COURIR, many years after Complainant had established a strong reputation and goodwill in its mark. Indeed, the Complainant’s trademark COURIR is widely known; previous UDRP panels have confirmed the reputation of this mark. Moreover, the addition of the country code “fr” and the term “outlet” in the disputed domain name cannot be coincidental as they refer to the Complainant’s country and activities. Given the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's COURIR trademark and therefore in bad faith.<\/p>\n
With respect to use in bad faith, the Complainant points out that the disputed domain name resolves to an online store displaying the Complainant’s trademark and logo COURIR and selling clothes and shoes at discounted prices. Therefore, the Complainant contends that by using the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website, which is considered use in bad faith under paragraph 4(b) (iv) of the Policy. <\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>", "no_rights_or_legitimate_interests": "
The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>", "bad_faith": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>", "procedural_factors": "
The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>", "decision": "Accepted", "panelists": [ "Angelica Lodigiani" ], "date_of_panel_decision": "2024-06-29 00:00:00", "informal_english_translation": "
The Complainant is the owner of the following trademarks:<\/p>\n
- COURIR (word), International registration No. 941035, registered on 25 September 2007 for goods in classes 25 and 28, designating various countries, including China;<\/p>\n
- COURIR (figurative), EU registration No. 006848881, registered on 26 November 2008 for goods in classes 25 and 28;<\/p>\n
- COURIR, EU registration No. 017257791, registered on March 7, 2019 for services in class 35.<\/p>", "decision_domains": { "couriroutlet-fr.shop": "TRANSFERRED" }, "panelist": null, "panellists_text": null }